Medical negligence is a critical concern that can cause patients physical, emotional, and financial damage. In India, healthcare providers must maintain a high level of care. If they fail to do so, they may face legal repercussions.

Medical negligence is broadly discussed through both civil and criminal law, with the Indian Penal Code (IPC) providing the legal framework for criminal accountability in instances of severe negligence or misbehavior by healthcare professionals.

This article will thoroughly discuss medical negligence under the IPC, highlight the key sections related to it, and discuss the legal consequences for healthcare specialists.

Medical Negligence

Medical negligence occurs when a doctor fails to provide the expected care in a situation that affects the patient. This negligence can take different forms, including false assessment, wrong treatment, and supervising the wrong treatment or dose.

The Indian Medical Council (IMC) and Consumer Protection Act primarily address medical negligence in civil issues, allowing patients to seek compensation. However, some cases involve severe or gross negligence, where a patient faces serious damages or dies, and this results in criminal liability under the IPC.

Key Sections of Medical Negligence Under IPC

• Section 304A – Negligence Death Case

Indian Penal Code Section 304A deals with death cases caused by negligence. This section applies when a patient dies because of the doctor’s negligence, even if it’s not intentional. The healthcare provider may face punishment under section 304A if the negligence is considered gross or careless.

Penalty: A fine, 1-2 years imprisonment, or both under the 304A section.

Example of Section 304A: A surgeon conducts surgery after drinking alcohol, or he lacks proper training, and surgery leads to the patient’s death. Section 304A will be applied to the surgeon for causing death by negligence.

• Section 337 – Negligence Hurt Case

Section 337 deals with causing damage by negligence. If a healthcare specialist’s negligence harms a patient, he will be accountable under Section 319 IPC.

Penalty: A fine, 6 months imprisonment, or both under Section 337.

Example of Section 337: A surgeon supervises an incorrect drug dosage and harms the patient, but he does not die. The healthcare specialist will be charged under Section 337 for causing hurt by negligence.

• Section 338 – Negligence Serious Hurt Case

Section 338 deals with negligence cases that cause serious harm to the patient, including permanent disfigurement, disability, or other severe damage.

Penalty: A fine, 2 years imprisonment, or both under Section 338.

Example of Section 338: If a doctor fails to follow sanitization protocols during an operation and this causes a serious infection, including permanent damage, the surgeon will be accountable under Section 338.

Legal Implications of Medical Negligence

• Criminal Accountability

Under the IPC, health specialists can face criminal charges for gross negligence or carelessness. Charges are applied according to the seriousness of the negligence, such as injury, disability, or death. A medical professional can face imprisonment, fines, or both if convicted.

• Medical License Termination

In criminal negligence, a doctor faces disciplinary action from the Medical Council of India (MCI) or the relevant state medical councils, potentially leading to suspending or permanently canceling a medical license.

• Civil Accountability

Sometimes, doctors may also face civil litigation under the Consumer Protection Act, allowing patients or their families to seek compensation for harm caused by medical negligence. This compensation may include reimbursement for medical costs, emotional distress, loss of income, or future financial opportunities.

• Professional Reputation

Medical negligence cases, leading to serious patient injuries or death, can kill a healthcare specialist’s reputation. Even after being cleared of criminal charges, a doctor’s public reputation can be compromised. Patients lose their trust, and it affects a doctor’s career opportunities

Read also: Professional negligence in tort law